NASA Procedural Requirements

NPR 5200.1E Effective Date: August 13, 2019 Expiration Date: August 13, 2024

Subject: Industrial Labor Relations

Responsible Office: Office of Procurement

Chapter 4. "Reserve Gate" Procedure

4.1 General

4.1.1 These requirements establish procedures concerning entrance and exit gate(s) for use by striking and/or neutral NASA contractor personnel, their suppliers, and civil service personnel on NASA controlled property. These designated gates are referred to as "reserve gates."

4.1.2 The "reserve gate" procedure, when used at a NASA Center, is intended to provide the striking union and the contractor with similar conditions as if the dispute were taking place at the employer's premises outside of the NASA Center. This is accomplished by directing all of the struck contractor's representatives, employees, and suppliers through special designated entrances/exits otherwise known as "reserve gate(s)." Moreover, this procedure allows other contractors, their employees, management, suppliers, and other visitors not involved in the dispute to have access to the installation or controlled site through a gate that has no picket line, known as a "neutral gate;" thereby, minimizing the impact on neutral contractors.

4.1.3 Subcontractors of the struck prime contractor are not required to use the "reserve gate(s)" unless they are performing struck work. In these unusual situations before such subcontracting arrangements take place, the work being performed by the subcontractor is required to be reviewed by NASA Center management and the Agency Industrial Relations Officer before any arrangements can take place with the affected subcontractor.

4.2 Establishing and Enforcing the Use of "Reserve Gates"

4.2.1 When a union announces it intends to or actually begins picketing at a NASA location, the Center Contractor Labor Relations Officer, in coordination with appropriate NASA Center management officials, are required to do the following:

a. Designate each "reserve gate" in coordination with the Center Security Office for use by the struck contractor's employees, its suppliers, and its subcontractor employees (if applicable, see sec. 4.1.3). In doing so, take into consideration the following:

(1) Which "reserve gate" will cause the least inconvenience to the largest number of people who will be working during the strike.

(2) Whether civil service employees and neutral contractors' employees should be restricted from using the designated "reserve gate."

b. Notify in writing the local union and the contractor of the designated "reserve gate(s)." Sample letters are included in Appendix D (furnish copy of union letter to the contractor and copy of contractor letter to the union). Seek the union's cooperation to confine the pickets or other demonstrations to the established "reserve gate" area. Advise the Agency Industrial Relations Officer when direct contact with the labor union is necessary.

c. Emphasize that all employees of the struck contractor are required to use the designated "reserve gate" for the duration of the picketing, or strike, and that failure to adhere to "reserve gate" procedures will result in disciplinary measures, which may include suspension of access to the Center.

d. Request in writing that the neutral contractors and all other employers at the NASA Center do the following:

(1) Notify their employees of the location of the "reserve gate(s)" for the striking employees.

(2) Provide appropriate instructions to all of their employees for entering and leaving the premises during the term of the strike.

e. Post information at all entrances and exits in accordance with procedures set forth in sec. 4.2.1.f. below.

f. Notices for the "reserve gate" and "neutral gate" procedure.

(1) Notices (signs) must provide clear and concise directions as to proper use of entrances and exits by all persons entering or leaving the NASA Center.

(2) The signs are required to be easily readable from a distance of 75 feet by vehicle operators and pedestrians entering the installation in order to enforce the "reserve gate" procedure. Notices are required to clearly state that the struck contractor, the employees, and its suppliers will be confined to the use of a designated "reserve gate" for entrance to and exit from the NASA Center and will not be permitted use of the "neutral gates."

(3) Although employees of other contractors (not involved in the labor dispute) and Government employees may legally use the "reserve gate," generally the NLRB prefers that the "reserve gate" be set aside for exclusive use by the struck contractor and its suppliers. Therefore, exclusive "reserve gate" procedures is required to be posted at the NASA Center where the regional office of the NLRB has expressed this preference. At other NASA Centers where the regional NLRB office has not expressed a preference for an exclusive "reserve gate," such a gate may also be used by employees of neutral contractors not involved in the labor dispute. The Agency Industrial Relations Officer will assist each NASA Center in determining the preference of the regional office of the NLRB on this matter.

(4) Sample formats of sufficient notices for "neutral gate" and "reserve gate" are listed in Appendix E.

4.3 Procedures for Initiating Legal Action Through the National Labor Relations Board

4.3.1 The use of legal action in any labor dispute should be avoided until all other remedial procedures have been exhausted. However, in the event that the union does not agree to the "reserve gate" procedure and continues to picket the "neutral gates," legal action may be taken pursuant to the National Labor Relations Act, sec. 8(b)(4)(B).

4.3.2 Normally, one or more of the contractors being adversely impacted by the stuck contractor may initiate appropriate legal action by filing a charge with the regional office of the NLRB to obtain a court injunction against the picketing of "neutral gates" by the union.

4.3.3 In the absence of either a contractor's ability or willingness to file a charge, the Center Industrial Relations Officer will, in coordination with the Center Chief Counsel, appropriate Center management officials, and the Agency Industrial Relations Officer, determine whether the impact of picketing "neutral gates" is sufficient to recommend legal action by NASA.

4.3.4 Procedures for Filing Charges with the NLRB are as follows:

4.3.4.1 If it is determined that NASA will take legal action in a labor dispute, the NASA Center Director, or designee, with the concurrence of the Agency Industrial Relations Officer, and the Center Chief Counsel, may authorize the filing of a charge.

4.3.4.2 The Center Industrial Relations Officer and the NASA Center Legal Office in coordination with the Agency Industrial Relations Officer will do the following:

a. Initiate contacts with the regional offices of the NLRB to coordinate the procedures for filing and processing the charge.

b. Develop with the appropriate Center management officials and representatives of the NLRB the factual data reflecting substantial damage to NASA programs, including but not limited to information such as delays to certain critical programs or critical operational requirements or increased costs resulting from the illegal picketing.

c. Ensure the accumulation of evidence to support legal action, such as pictures of picketing and picket signs to identify the location of pickets at the Center to support the charge of a violation of the "reserve gate" procedure. Photographs are required to be taken of the printed material on each different sign.

d. Provide clerical assistance and office space to the NLRB representative who is investigating the case, including coordinating through the Center Legal Office for assistance in preparing necessary legal documents, e.g., taking depositions and briefs.

4.3.5 Contacts with local union officials during any strike situation can only be made by the Center Industrial Relations Officer with concurrence from the Agency Industrial Relations Officer. International union officials will be contacted only by the Agency Industrial Relations Officer, if required.

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